New York City foam ban begins

The New York City Department of Sanitation (DSNY) began enforcing its foam ban law July 1.

“Foam cannot be recycled, plain and simple,” says Steven Costas, acting sanitation commissioner. “When foam enters our waste stream, it becomes a source of neighborhood litter and can end up on our beaches and in our waterways. It’s hazardous to marine life and can clog storm drains. It’s even a contaminant in our recycling and organics programs. Over the past six months, we’ve worked to educate businesses of the new law, and many businesses have already made the change to recyclable products.”

The polystyrene foam ban prohibits New York City stores and food service businesses from offering, selling or possessing single-use foam food containers, such as takeout clamshells, cups, plates, bowls, coolers and trays. Additionally, manufacturers and stores may no longer sell loose fill packaging, typically known as “packing peanuts,” in the city.

The ban applies to for-profit or nonprofit food service establishments, mobile food commissaries and stores that sell or use foam items as well as to manufacturers and distributors of expanded polystyrene foam packaging that are located or operate within any of the five boroughs of New York City.

The ban does not extend to expanded polystyrene (EPS) containers used for prepackaged food that have been filled and sealed prior to receipt by the food service establishment, mobile food commissary or store; foam containers used to store raw meat, pork, fish, seafood or poultry sold from a butcher case or similar appliance; and foam blocks used as protective packaging in shipping.

Nonprofits and small businesses with less than $500,000 in gross income for the most recent tax year may apply for hardship exemptions from the Small Business Services (SBS) if they can prove that the purchase of products not composed of expanded polystyrene would create a financial hardship.

The ban encourages businesses to use one of many alternative packaging options, including compostable products or recyclable paper, plastic and aluminum products.

“Reducing our waste is vital to the health of our planet and our city. Single-use foam has littered our streets, sidewalks and parks or ended up in our landfills for too long,” says Corey Johnson, city council speaker. “I am thrilled that we are taking steps to remove materials that cannot be recycled from our waste stream.”

“It’s time for New York City to move away from the use of polystyrene once and for all,” says Council Member Antonio Reynoso, chair of Committee on Sanitation and Solid Waste Management.

“In order to meet our city’s goal of zero waste to landfill by 2030, we must rid our waste stream of nonrecyclable materials like Styrofoam that have no postconsumer application. Elected officials and advocates fought long and hard to rid our city of this pernicious material, and I am thrilled to see the ban finally go into effect. I look forward to working with the de Blasio administration in taking further steps to reach zero waste by 2030,” Reynoso continues.

Over the past six months, the DSNY and other city agencies have worked to educate affected business throughout the five boroughs. Outreach activities have included:

• sending mailers to nearly 130,000 commercial addresses;
• sending email blasts to elected officials, merchant associations, chambers of commerce, industry groups and corporate contacts and distributors and contacts tied to mobile commissaries;
• running ongoing social media campaigns, including #FoamBanNYC and #FoamFreeNYC;
• conducting surveys on foam during recycling and organics outreach site visits and distributing foam notices at events;
• releasing a taxicab video announcing foam ban is in effect; and
• sending nearly 30,000 foam ban enforcement warning cards to the Department of Health and Mental Hygiene, SBS and Department of Consumer Affairs.